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deemed necessary in the public interest, $ 9.3 Rules and restrictions. for leaving the ownership and disposi

(a) Prior to the use of this authority tion of all domestic rights for determina

each agency head must determine that it tion by the contracting institution in would be consistent with the programs accordance with such policies and of that agency for the agency to participrocedures.

pate in this program and that agency (23 F.R. 1215, Feb. 27, 1958, as amended at facilities should be made available for 31 F.R. 12842, Oct. 1, 1966)

the use of students and other authorized

individuals. Facilities may be made § 8.7 Cancer chemotherapy industrial

available provided the use of such facilresearch contracts.

ities will be of direct benefit to the educaNotwithstanding the provisions of tional objectives of students and other § 8.6, the Surgeon General in the nego authorized individuals with the prospect tiation of contracts with other than of fruitful interchange of ideas and innonprofit organizations for the cancer

formation between agency personnel and chemotherapy research program shall

students, and such use will not interfere be subject only to such limitations and

with agency programs. alternatives as the Assistant Secretary

(b) The official in charge of any De

partment research or study facility will (Health and Scientific Affairs) may ap

not permit such use of the facility until prove for such program.

he determines: (22 F.R. 9696, Dec. 4, 1957, as amended at (1) That appropriate space and facill31 F.R. 12842, Oct. 1, 1966)

ties are available.

(2) That the equipment is on hand PART 9-USE OF FACILITIES BY and supplies required to carry on the

STUDENTS AND OTHER QUALIFIED study can be made available.
INDIVIDUALS

(3) That the proposed studies or re

search will not interfere with regular Sec.

Department functions, nor require the 9.1 Purpose. 9.2 Policy.

subsequent acquisition of additional 9.3 Rules and restrictions.

equipment, and

(4) That the proposed studies or reAUTHORITY: The provisions of this Part 9

search will have general value in a field issued under 27 Stat. 395, as amended; 20 U.S.C. 91.

of concern to the Department.

(c) No Department funds will be used SOURCE: The provisions of this part 9 ap to pay for direct support of such studies pear at 23 F.R. 4074, June 11, 1958, unless

or research, other than replenishment of otherwise noted.

supplies and materials and administra8 9.1 Purpose.

tive and other costs related to the main

tenance and use of the space and To promote an increase in our Na

facilities. tion's scientific educational potential by

(d) No Department funds will be used making available the study and research

to pay the salary costs of the research facilities of the Department of Health,

or studies or the cost of direct superviEducation, and Welfare to qualified stu sion for such studies or research, but the dents and others.

Department shall reserve the right in all $ 9.2 Policy.

instances to control the character and

extent of studies and research where It is the policy of the Department to

safety is involved or the public interest permit its operating agencies to allow or Department programs are in any way duly qualified individuals, students, and affected. graduates of institutions of learning in (e) Operating agencies permitting the several States, Territories, as well as students and others the use of facilities the District of Columbia, to use the study

for the purpose stated in this part shall and research facilities of the Department

require each student or other individual subject to rules and restrictions set forth

to agree that the results of such research in this part and as may be implemented.

and study including any copyrightable

material or patentable inventions resultNothing in this part shall restrict the

ing from the use of or access to the study existing authority of any operating

and research facilities shall be dedicated agency such as section 301(b) of the

to the Public and shall become a part of Public Health Service Act.

the public domain, except as otherwise

authorized in accordance with Department policies and procedures.

(f) Proper safeguards for Government property will be instituted including arrangements for replacement of Government property damaged or lost by a student or other authorized individual.

(g) Each student and other authorized individual will be expected to use the facilities and equipment with customary care and otherwise conduct himself in such manner as to complete his studies within any time limits prescribed.

(h) Each student and other individual authorized to use Government facilities for study purposes may not be authorized to sign requisitions for supplies and equipment.

PART 10-DEPARTMENTAL FELLOW

SHIP REVIEW PANEL Sec. 10.1 Purpose. 10.2 Definitions. 10.3 Departmental Fellowship Review Panel;

Departmenal Fellowship Review

Board; in general. 10.4 Procedural safeguards. 10.5 Hearing before Board or a Hearing

Officer. 10.6 Preliminary decision; initial decision;

final decision. 10.7 Notice to the individual concerned and

opportunity to submit comment on preliminary decision and initial de

cision. AUTHORITY: The provisions of this part 10 issued under 5 U.S.C. 301.

SOURCE: The provisions of this part 10 appear at 28 F.R. 8408, Aug. 16, 1963, unless otherwise noted. § 10.1 Purpose.

This part establishes a Departmental Fellowship Review Panel, from which Departmental Fellowship Review Boards will be selected, for the purpose of providing hearings where an opportunity for such hearing is provided for in applicable procedures of a constituent agency, in cases where such constituent agency has found substantial reason for a belief that a fellowship (or traineeship) award should be denied or discontinued by the constituent agency making the award, on grounds involving, in accordance with applicable criteria, the moral character or loyalty of the applicant for, or holder of, the award. § 10.2 Definitions.

(a) “Departmental Fellowship Review Panel” (also referred to as "Panel")

means a panel of 12 members selected by the Secretary, for such terms as may be designated by him, which shall include at least four representatives of the legal discipline and at least four representatives of the field of higher education. At least eight members of the Panel shall be selected from sources outside the Department.

(b) "Panel Chairman" means one of the Panel members designated by the Secretary to serve as Chairman of the Panel for such time as shall be indicated in the designation.

(c) "Departmental Fellowship Review Board" (also referred to as “Board") means not less than three members of the Panel designated by the Panel Chairman for the consideration of one or more cases submitted by a constituent agency. At least two Board members shall be persons other than employees of the Department, and the Board shall include at least one representative of the legal discipline and one from the field of higher education. In no event shall anyone who participated in any previous consideration of a case be eligible to serve on a board in connection with its consideration of that case. The Panel Chairman may designate himself as one of the members of a Board or as the Chairman thereof.

(d) “Board Chairman" means a member of a Departmental Fellowship Review Board who has been designated as Chairman of such Board by the Panel Chairman.

(e) “Constituent agency" means the U.S. Commissioner of Education or the Commissioner of Vocational Rehabilitation.

(f) “Submission by constituent agency” means a referral (of an individual's request for a hearing) by the U.S. Commissioner of Education pursuant to § 147.5 of this title or by the Commissioner of Vocational Rehabilitation pursuant to § 401.88a of this title, or similar provisions contained in manual or other issuances of a constituent agency.

(g) "Preliminary decision" means the recommended decision, including findings of fact and conclusions reached in the light of the applicable criteria, prepared by a Hearing Officer and submitted to the Board.

(h) "Initial decision" means the recommended decision of the Board, which shall include (1) findings of fact and conclusions reached in the light of the applicable criteria and, when applicable,

a

(2) the reasons for any changes or modi- half) or, at the option of the individual fications made by the Board in a pre- concerned, to submit his case in whole liminary decision.

or in part in writing (e.g., through in(i) The words “Department" and "De- terrogatories, affidavits, exhibits, etc.); partmental” refer to the U.S. Depart- (e) An opportunity to cross-examine ment of Health, Education, and Welfare. persons either orally or through written

(j) "Secretary" means the Secretary interrogatories, to the extent provided of Health, Education, and Welfare.

by Executive Order 10865 of February (k) “Applicable criteria” means those 20, 1960 (relating to safeguarding of set forth in § 147.4 of this title in the case

classified information within industry), of a submission by the Commissioner of except that functions vested by that OrEducation; or in § 401.88a (a) and (b) of der in the head of a department shall this title in the case of a submission by be performed by the head of the apthe Commissioner of Vocational Re- propriate operating agency; habilitation; or in manual or other issu- (f) An option to the individual conances of a constituent agency pertaining

cerned to have the hearing open or closed to denial or discontinuance of fellow

to the public; ship (or traineeship) awards on grounds (g) A determination of the place of involving moral character or loyalty.

the hearing which takes into considera

tion the convenience of the individual $ 10.3 Departmental Fellowship Review

concerned and any witnesses who might Panel; Departmental Fellowship Re

be testifying at the hearing. view Board; in general. Upon receipt of a submission from a

§ 10.5 Hearing before Board or a Hear

ing Officer. constituent agency, the Chairman of the Departmental Fellowship Review Panel The hearing may be conducted, as deshall refer the case to a Departmental termined by the Board Chairman, before Fellowship Review Board, constituted as

the full Board as the hearing body, or provided in § 10.2(c), for the purpose of before a Hearing Officer. The Hearing recommending to the constituent agency,

Officer may be (a) one of the members on the basis of a preponderance of the of the Board or (b) a nonmember who evidence, after affording to the individual is qualified as a Hearing Officer under concerned an opportunity for a fair hear- the Administrative Procedure Act. ing, whether the fellowship (or trainee

§ 10.6 Preliminary decision; initial deship) award should be denied or discon

cision; final decision. tinued by the constituent agency making the awards, on grounds involving, in ac

When the hearing is conducted by the

Board itself, it shall prepare an initial cordance with applicable criteria, the moral character or loyalty of the appli

decision for submission to the constitucant for, or holder of the award. The

ent agency. When the hearing is conBoard's recommendation shall be em

ducted before a Hearing Officer, the bodied in an initial decision in accord

Hearing Officer shall prepare a prelimance with $ 10.2(h).

inary decision for submission to the

Board. The preliminary decision shall § 10.4 Procedural safeguards.

be reviewed by the Board and shall beThe Board shall take appropriate steps

come the initial decision of the Board to afford the individual concerned an

unless, and to the extent that, it is opportunity for a fair hearing, which

changed or modified by the Board. The shall include provisions designed to as

initial decision of the Board shall be sure to such individual the following:

transmitted to the constituent agency, (a) Sufficient notice of the issues to

and shall become the final decision of be considered;

the constituent agency, unless, and to the (b) An opportunity to be represented

extent that, it is changed or modified by counsel;

by the constituent agency. (c) Disclosure of as much of all mat- § 10.7 Notice to the individual concerned ters of an evidentiary nature as may be and opportunity to submit comment permitted within the framework of ap

on preliminary decision and initial plicable laws, regulations, and other re

decision. quirements (e.g., those pertaining to Copies of the preliminary decision, if FBI reports);

any, and of the initial decision shall be (d) An opportunity to appear in per- mailed promptly by the Hearing Officer son (and to present witnesses in his be- or the Board, as the case may be, to the individual, or his counsel, with a notice Department for transfer for educational affording him an opportunity to submit or for public health purposes, including written comments thereon, within a research. specified reasonable time, to the Board (e) “Department” means the Departin the case of a preliminary decision, ment of Health, Education, and Welfare. and to the constituent agency in the case (f) "Disposal Agency" means the exof an initial decision.

ecutive agency of the Government which

has authority to assign or to consider PART 12-DISPOSAL AND UTILIZA- assignment of property to the Depart

TION OF SURPLUS REAL PROPERTY ment for transfer for health and educaFOR EDUCATIONAL PURPOSES AND

tional utilization. PUBLIC HEALTH PURPOSES

(g) "Excess" when used with respect

to real property means any real property Sec.

under the control of any Department or 12.1 Definitions.

agency in the executive branch of the 12.2 Scope.

Government which is not required for its 12.3 General policies. 12.4 Limitations.

needs and the discharge of its responsi12.5 Awards.

bilities as determined by the head 12.6 Notice of avallable property.

thereof. 12.7 Applications for surplus real property. (h) "Holding Agency" means the ex12.8 Assignment of surplus real property. ecutive agency of the Government which 12.9 General disposal terms and conditions. has control and accountability for the 12.10 Deferred use, disposal terms and con

real property involved. ditions. 12.11 Special terms and conditions.

(1) "Nonprofit Institution" as used in 12.12 Utilization.

this part means any institution, organi12.13 Form of conveyance.

zation, or association, whether incor12.14 Compliance inspections and reports. porated or unincorporated, no part of the AUTHORITY: The provisions of the Part 12

net earnings of which inures or may lawissued under sec. 203, 63 Stat. 385 as amend

fully inure to the benefit of any private ed; 40 U.S.C. 484.

shareholder or individual, and which has SOURCE: The provisions of this Part 12

been held by the Internal Revenue Seryappear at 31 F.R. 11886, Sept. 9, 1966, unless

ice to be tax-exempt under either the otherwise noted.

provisions of section 101(6) of the 1939 $ 12.1 Definitions.

Internal Revenue Code, or section 501

(c)(3) of the 1954 Internal Revenue (a) “Act” means the Federal Property Code. and Administrative Services Act of 1949, (j) “Off-site Property" means surplus Public Law 152, 81st Congress (63 Stat. buildings, underground utilities and all 377), as amended (40 U.S.C. 471 et seq.). other removable improvements, including Terms defined in the act and not defined related personal property, to be transin this section, shall have in this part the ferred where located, by the Department meaning given to them in the act.

for educational or for public health pur(b) “Accredited” means approval by poses, including research, for removal a recognized accreditation board or asso- and use away from the site. ciation on a regional, State, or national (k) "On-site" means surplus real level, such as a State Board of Education property, including related personalty, to or Health, State University, Middle be transferred by the Department for States Association of Colleges and Sec- educational or for public health purondary Schools, National Architectural poses, including research, for use in place. Board, American College of Surgeons, etc. (1) "Public Benefit Allowance" means A college, university, or secondary school a discount on the purchase price of real may be said to be accredited if the credits property to be transferred for educaare accepted for transfer purposes by no tional or public health purposes, includless than three accredited colleges, uni- ing research, representing any benefit versities, or secondary schools not con- determined by the Secretary which has nected or associated with it.

accrued or may accrue to the United (c) “Administrator” means the Ad- States from use of surplus real property ministrator of General Services.

for educational or public health pur(d) “Assigned property" means real poses, including research. and related personal property which, in (m) “Related Personal Property" the discretion of the Administrator or his means any personal property, (1) which designee, has been made available to the is located on and is (1) an integral or

necessary part of, or is (ii) essential to the operation of real property, or (2) which is determined by the Administrator to be otherwise related to the real property.

(n) "Secretary" means the Secretary of Health, Education, and Welfare.

(0) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

(p) "Surplus" when used with respect to real property means any excess real property not required for the needs and the discharge of the responsibilities of all Federal agencies as determined by the Administrator or his designee. $ 12.2 Scope.

This part is applicable to surplus real property located within any State which is appropriate for assignment to, or which has been assigned to the Department for disposal for educational or public health purposes, as provided in section 203(k) of the act. $ 12.3 General policies.

(a) It is the policy of the Department to foster and assure maximum utilization of surplus real property for educational and public health purposes, including research.

(b) Transfers may be made only to States, their political subdivisions, and instrumentalities, tax-supported educational or public health institutions, and nonprofit educational or public health institutions which have been held exempt from taxation under section 101(6) of the Internal Revenue Code of 1939 (now substantially reenacted in section 501(c)(3) of the Internal Revenue Code of 1954).

(c) Real property will be requested for assignment only when the Department has determined that the property is suitable and needed for public health or educational purposes. The amounts of both real and related personal property to be transferred shall not be excessive to normal operating requirements. Such property, except for transfers contemplated under $ 12.10 will not be requested for assignment unless it is needed at the time of application for educational or for public health purposes, including research, or unless it will be so needed within the immediate foreseeable future. When construction is contemplated, the initiation of construction of the major

functional facility in the approved program must begin within 18 months after the date of transfer. Construction shall be deemed to have been initiated when the transferee executes a contract providing a firm date in the reasonably near future for actual commencement of con. struction. The Department may, in its discretion, grant extensions of the 18month period where the transferee can factually demonstrate that it has exercised due diligence in attempting to initiate construction within the said period and that such construction will be initiated during the period of any such extension.

(d) Land may be requested for assignment for transfer in accordance with

12.10, for public tax-supported educational and public health purposes where, although there is no immediate need for the property, population trends, location, present facilities and plans for additional facilities justify immediate transfer to reasonably provide for future needs.

(e) Transfers will be made only when the proposed program is not in conflict with State or local zoning restrictions, building codes, or similar limitations.

(f) Only those activities devoted to academic, vocational or professional instruction, or organized and operated to promote and protect the public health, are eligible. Examples of such eligible activities are universities, colleges, junior colleges, junior or senior high schools, elementary schools or school systems, vocational or specialized schools, research activities, public libraries, and similar activities primarily educational in character, general and specialty hospitals, mental institutions, clinics, health sanitation activities (including water and sewer departments), facilities providing public health services, and similar activities devoted primarily to the protection and promotion of public health. The program of an institution eligible for a transfer must contemplate use of the property as an integral part of an activity of the kind above described. The activity must obtain such licenses for operations as may be required by State and local law.

(g) Use of the property applied for must be for a fundamental educational or public health purpose. Examples of such fundamental utilizations are classrooms, vocational shops, libraries, laboratories, auditoriums, gymnasiums, cafeterias, dormitories, faculty housing, infirmaries, recreational facilities, hospi

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